Beverly L. Cohen's answer Your situation sounds complicated. Other issues may be involved that you have not even mentioned. The best advice would be to hire an attorney who can deal with all of the issues presented by the situation.
Beverly L. Cohen's answer There is no specific percent or other guidelines for alimony like there is for child support. Alimony is based upon one party’s needs and the other party’s ability to pay. Other factors for the court to consider are the standard of living, the length of the marriage, the age and physical and mental condition of both parties, the financial resources of each party, the education and earning capacity of each party, and the cause of the separation. Since you were married for 30 years and...
Beverly L. Cohen's answer A non-custodial parent does not lose parental rights simply because the parent has chosen not to see his or her children for a period of time. A parent continues to have the same rights that were awarded in the last custody order entered by a court.
Beverly L. Cohen's answer Sometimes courts have preprinted petitions for certain types of actions that are fairly standard but courts do not provide preprinted orders. Orders for contempt are not standard because the orders must be prepared in compliance with what the judge ordered. Sometimes judges prepare orders for pro se litigants which is what I assume you are. If the judge does not prepare the order, you will need to either prepare the order yourself or find an attorney to prepare it for you.
Beverly L. Cohen's answer With regard to which parent is awarded custody, a judge has a lot of discretion. In awarding custody, a judge must consider what is in the best interest of the minor children. Although there is no law in Georgia that prevents a judge from awarding custody to a parent who has committed acts of domestic violence against the other parent in the presence of the children, a judge would be hard pressed to consider awarding custody to an abuser. At the same time, acts of domestic violence is only...
Beverly L. Cohen's answer In Georgia, you do not need permission from the non-custodial parent to move out of state. However, you do have to give the non-custodial parent notice of your intention to move at least 30 days prior to the move as well as the new address where the child will be living and the new telephone number where the child can be reached. Although not required, it is also a good idea to work out a new schedule for visitation prior to the move.
Beverly L. Cohen's answer The answer to your question is somewhat complicated and may not be exactly what you believe it to be. Only under the right set of circumstances would the judge have had the right to do what he or she did.
If the only reason you were in court was because your husband had filed a contempt action, the judge did not have authority to modify the temporary order. If you were in court pursuant to both a contempt action and a motion to modify alimony and child support, then the judge would...
Beverly L. Cohen's answer The answer to your question is far more complicated than what can be addressed here. If you have primary physical custody, your child’s father cannot legally keep him from you past his normal visitation time. However, in order to get your child back, you may need to file a legal proceeding where your child is which will necessarily involve a hearing. My advice is to consult with an attorney in the state where your child is being illegally detained.
Beverly L. Cohen's answer It’s not a question of whether he can legally move out but where he will live and who will support him if he does. If his mother is in the picture, then he could certainly go to live with her. She would also have the right to child support for his final year of high school. Whatever happens, he needs to remain in school until he graduates.
Beverly L. Cohen's answer You have not defined what you consider to be inappropriate messages or how he sends them. If the messages are sent electronically by email or text, then there should be some way to block the messages. If they are sent by email, there is no law that says you have to open any emails from him. You may also want to find a way to print out the inappropriate messages in case they accidently get deleted from your phone or computer.
Beverly L. Cohen's answer Generally, no, but it may also depend on what terms you want to change. Certain terms and provisions can be changed by filing a modification action. Provisions for Alimony, child support, custody, and visitation can be modified if certain requirements are met. The terms and provisions related to the division of property cannot be modified.
Beverly L. Cohen's answer Unfortunately, you have not asked a legal question that can be answered here. Modification of child support is based upon a change in the income and/or financial status of either parent since the previous order for child support. The modification must also be in the best interest of the child. Even if you can prove an increase or decrease in income and/or financial status, the judge still has discretion as to whether or not to modify the child support. The judge also has discretion to award...
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